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Preferred Position

The idea that certain rights, especially those protected by the First Amendment, hold a special and privileged status, and should be given greater weight when conflicting rights or interests arise.

Prior Restraint

Government actions that prevent speech or expression before it takes place, disfavored by the U.S. Constitution and requiring a compelling government interest to justify such restrictions.

Imminent Danger

The concept used to justify limitations on free speech when it is likely to cause immediate and serious harm, balancing the protection of free expression with the need to prevent harm.

Neutrality

The principle requiring the government to remain impartial, particularly in matters of religion and expression, ensuring that government actions do not favor or disfavor any particular religious belief or viewpoint.

Clarity

The requirement that laws and regulations affecting civil liberties must be clear and precise to avoid arbitrary enforcement and provide fair notice of what conduct is prohibited.

Least-Restrictive Means

The principle that when the government restricts a right, it should choose the least intrusive means necessary to achieve its compelling interest, avoiding unnecessary infringement on individual liberties.

U.S

A Supreme Court case that established the O'Brien test, stating that a law is constitutional if it is content-neutral, serves a significant government interest, is unrelated to the suppression of free expression, and does not prohibit more speech than necessary.

Texas v

A landmark Supreme Court case that held flag-burning as a protected form of expression under the First Amendment, emphasizing the importance of preserving free speech even when the message is controversial or offensive.

Reynolds v

A Supreme Court case that ruled religious practices cannot be a defense to criminal charges if they violate generally applicable laws enacted for the protection of society.

Wisconsin v

A Supreme Court case that recognized the parents' right to educate their children in a manner consistent with their religious beliefs, balancing compulsory education laws with religious freedom.

Engel v

A Supreme Court case that held state-sponsored prayer in public schools violates the Establishment Clause of the First Amendment, which prohibits the government from establishing a religion.

Lemon v

A Supreme Court case that established the "Lemon test" to determine the constitutionality of laws regarding religious establishment, requiring a secular purpose, no excessive advancement or inhibition of religion, and no excessive government entanglement with religion.

Miranda v

A Supreme Court case that established the Miranda Rights, requiring law enforcement to inform suspects of their right to remain silent, the right to an attorney, and the warning that anything they say can be used against them in court.

Gideon v

A Supreme Court case that affirmed the right to legal counsel for indigent defendants in felony cases, ensuring the application of the Sixth Amendment right to counsel to state criminal proceedings.

Dickerson v

A Supreme Court case that reaffirmed the Miranda decision, holding that Miranda warnings are constitutionally required and cannot be superseded by a federal statute.

Wolf v

A Supreme Court case that allowed evidence obtained without informing the defendant of their right to remain silent and have an attorney, later overturned by Miranda v. Arizona.

Mapp v

A Supreme Court case that applied the exclusionary rule to the states, prohibiting the use of evidence obtained illegally (in violation of the Fourth Amendment) in state courts.

Bowers v

A Supreme Court case that upheld a sodomy law, stating that there is no fundamental right to engage in homosexual activity, later overturned by Lawrence v. Texas.

Escobedo v

A Supreme Court case that recognized the right to counsel during police interrogations, granting suspects the right to legal representation once they become the focus of a criminal investigation.

Civil Liberties

Fundamental rights and freedoms protected by the Constitution, particularly the Bill of Rights, including freedom of speech, religion, the right to a fair trial, and protection from unwarranted government intrusion.

The Patriot Act

Enacted in response to the 9/11 attacks, the USA PATRIOT Act expanded the government's surveillance powers to prevent terrorism, but has been criticized for infringing on privacy rights.

FISA (Foreign Intelligence Surveillance Act)

Regulates the government's surveillance activities concerning foreign intelligence, establishing procedures for obtaining warrants to conduct electronic surveillance on foreign agents and suspected terrorists.

NSA (National Security Agency) + Edward Snowden

The NSA is an intelligence agency responsible for signal intelligence and information assurance. Edward Snowden, a former NSA contractor, leaked classified documents in 2013, revealing extensive global surveillance programs and sparking a public debate about privacy and government surveillance.

Probable Cause

A legal standard requiring a reasonable belief that a crime has been or will be committed,